Cost Budgeting more complex than Litigation

Costs budgeting was first introduced on 1 April 2013. Ever since then practitioners have craved further guidance in its implementation and procedure as its principles have been applied somewhat inconsistently between courts and judges alike. In the case of Sir Cliff Richard OBE -v- The BBC & Chief Constable of South Yorkshire Police [2017] EWHC…

More Fixed Costs?

In the news this week are reports that the Association of British Travel Agents (ABTA) is urging people to lobby their MP’s for costs reform in holiday sickness claims. Apparently there has been a 500% increase in compensation claims for holiday sickness since 2013 and this is going to lead to restricted holiday choices, including…

The Problem with DBAs

One of the raft of measures proposed by the Jackson reforms was the relaxing on rules on contingent agreements, or rather Damages-Based Agreements (DBAs), in contentious business matters. The intention was to lessen the impact of removing the right to recover additional liabilities on an inter partes basis, and was introduced into legislation via S45…

When is a CFA unreasonable?

The Court held in Nadarajah Vilvarajah v West London Law Limited [2017] EWHC B23 (Costs) that the Conditional Fee Agreement entered into between the Claimant and his Solicitor was unreasonable and the Claimant was therefore not liable to pay the costs as claimed by his Solicitor. Indeed the Solicitor’s Bill of Costs was reduced from…

Harrison Judgment Shows the Way Forward

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 A highly anticipated Judgment which confirms the principles established in Merrix v Heart of England, regarding the relationship between Cost Management and Detailed Assessment Within the Merrix judgment handed down earlier this year (article available here), Justice Carr acknowledged that her decision…